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Welcome to Entertainment-Link.
The following are the rules or "Terms" that govern
use of the Entertainment-Link website, any Entertainment-Link
Internet-enabled telephone application or PDA application,
and any other Internet-enabled applications based
on the Entertainment-Link website (hereafter, collectively,
the "Site").
By using or visiting the Site, you expressly agree
to be bound by these Terms and to follow these Terms
and all applicable laws and regulations governing
the Site. Entertainment Link LLC (hereafter "Entertainment-Link")
reserves the right to change these Terms at any time,
effective immediately upon posting on the Site. Please
check this page of the Site periodically. We will
note when there are updates to the Terms of Use at
the bottom of the Terms, and on the My Account page
for subscribers.
If you violate these Terms of Use, Entertainment-Link
may terminate your use of the Site, bar you from future
use of the Site, cancel any ticket orders, cancel
your Entertainment-Link subscription, and/or take
appropriate legal action against you.
Intellectual Property.
The content of the Site, including, without limitation,
text, graphic images, presentation formats, arrangement
and compilation of data, functionality, visual and
aural representations, etc. (hereafter, “the protected
materials”) are protected under U.S. and foreign copyright
laws. You may not reproduce, copy, alter, edit, modify,
publish, create derivative works from, publicly display,
resell, or transmit the protected materials without
our express written permission. Entertainment-Link®
is a registered trademark of Entertainment Link LLC.
You may not publicly use any trademark owned by Entertainment
Link LLC without our express written consent.
Permitted Use.
You agree that you are only authorized to visit, view
and to retain a copy of pages of this Site for your
own personal, non-commercial use, and that you shall
not utilize the material on this Site for any purpose
other than to review event and promotional information,
for personal use, or to purchase tickets or merchandise
for your personal use, unless otherwise specifically
authorized by Entertainment-Link to do so. You also
agree not to deep-link to the site for any purpose,
unless specifically authorized by Entertainment-Link
to do so. You agree not to remove from the Site any
legal notice and/or various credits on pages of the
Site, or any additional information contained along
with the notices and credits. You may only use this
Site for lawful purposes. Please be sure that your
use of the Site complies with all applicable local,
state, and federal laws.
Subscriptions.
Certain portions of the Site are available to subscribers
only. If you subscribe, you may deactivate your subscription
account at any time. Entertainment-Link does not provide
refunds in connection with subscriptions deactivated
prior to their end dates. Annual and six-month subscriptions
automatically renew on the designated renewal dates,
and subscribers receive email notification one month
in advance of their renewal date. Monthly subscriptions
renew on the same date each month and there is no
email notification. A subscriber must deactivate his/her
account before the designated renewal date in order
to prevent a subscription renewal fee. Entertainment-Link
reserves the right to increase subscription fees.
Subscribers will be notified by email of any price
changes in advance of their designated renewal date.
User Contributions to the
Site. There are many opportunities for
you to contribute to the Site. These include, among
others, uploading your user profile, participating
in chats, using our bulletin boards, etc. Collectively,
we call these types of contributions "Content". Entertainment-Link
is not liable or responsible for any Content provided
by its users or other third parties to the Site ("User
Content") and reserves the right, but has no obligation
to monitor User Content, and edit, modify, or delete
any materials deemed offensive or contrary to Entertainment-Link’s
Terms of Use. The contributions of third parties do
not necessarily represent the view or opinions of
Entertainment-Link. Entertainment-Link cannot preview
User Content before it appears. Users can be held
liable for any illegal or prohibited User Content
they provide to the Site, including among other things,
infringing, defamatory, or offensive materials. If
you discover this kind of material on the Site, please
notify us at info@entertainment-link.com.
We will investigate your claim and may then take the
actions deemed appropriate.
Prohibited Content.
The following is a partial list of the kind of Content
which is illegal or prohibited on the Site. It includes
Content that:
- is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind
against any group or individual;
- could be harmful to minors;
- harasses or advocates harassment of another person;
- involves the transmission of "junk mail", "chain letters", or
unsolicited mass mailing or "spamming";
- promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- promotes an illegal or unauthorized copy of another person's copyrighted work;
- contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
- displays pornographic or sexually explicit material of any kind;
- provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
- provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and
- engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
Copyright
Policy. We will terminate the privileges
of any user who uses this Site to unlawfully transmit
copyrighted material without a license, express consent,
valid defense, or fair use exemption to do so. In
particular, users who submit Content to this Site,
whether articles, images, stories, software or other
copyrightable material must ensure that the Content
they upload does not infringe the copyrights or other
rights of third parties (such as privacy or publicity
rights). After proper notification by the copyright
holder or its agent to us, and confirmation through
court order or admission by the user that they have
used this Site as an instrument of unlawful infringement,
we will terminate the infringing users' rights to
use and/or access to this Site. We may also, in our
sole discretion, decide to terminate a user's rights
to use or access to the Site prior to that time if
we believe that the alleged infringement has occurred.
Ticket Purchase Policy.
Entertainment-Link executes ticket transactions on
behalf of Entertainment-Link subscribers. Entertainment-Link
does not set the ticket prices or determine seating
locations. When using our ticket Concierge Service,
you authorize us to provide ticket vendors with the
necessary personal and financial information, and
to select for you the best available seats at our
discretion. Policies set forth by the authorized ticketing
companies, venues, etc. from which we purchase the
tickets on behalf of subscribers prohibit us from
issuing exchanges or refunds after a purchase has
been made or for lost, stolen, damaged or destroyed
tickets.
Occasionally, events are cancelled or postponed by
the promoter, team, performer or venue for a variety
of reasons. If an event for which we purchased tickets
on your behalf is cancelled, please contact us for
information on receiving a refund from the responsible
party. If the event was moved or rescheduled, the
venue or promoter may set refund limitations. Contact
us for exact instructions.
Links. The Site
may provide you with hyperlinks to other web sites
on the World Wide Web. Entertainment-Link has no control
over these sites or the content within them. Entertainment-Link
cannot guarantee, represent or warrant that the content
contained in the sites is accurate, legal and/or inoffensive.
Entertainment-Link does not endorse the content of
any third party site, nor do we warrant that they
will not contain viruses or otherwise impact your
computer. By using the Site to link to another site,
you agree and understand that you may not make any
claim against Entertainment-Link for any damages or
losses, whatsoever, resulting from your use of the
Site to obtain search results or to link to another
site. If you have a problem with a link from the Site,
please notify us at info@entertainment-link.com
and we will investigate your claim and take any actions
we deem appropriate in our sole discretion.
Offline Conduct.
Although Entertainment-Link cannot monitor the conduct
of its Users off the Site, it is also a violation
of these rules to use any information obtained from
this Site in order to harass, abuse, or harm another
person, or in order to contact, advertise to, solicit
or sell to any User without their prior explicit consent.
No Commercial Use.
The Site, including, without limitation, the bulletin
board, chat rooms, and member home pages, may not
be used by you for any commercial purposes such as
to conduct sales of tickets, merchandise or services
of any kind. You must obtain our prior written consent
to make commercial offers of any kind, whether by
advertising, solicitations, links, or any other form
of communication.
Access and Interference.
You agree that you will not use any robot, spider,
other automatic device, or manual process to monitor
or copy our web pages or the content contained thereon
or for any other unauthorized purpose without our
prior expressed written permission. You agree that
you will not use any device, software or routine to
interfere or attempt to interfere with the proper
working of the Site. You agree that you will not take
any action that imposes an unreasonable or disproportionately
large load on our infrastructure.
Unauthorized Use of the Site.
Illegal and/or unauthorized uses of the Site, including,
but not limited to, unauthorized framing of or linking
to the Site, or unauthorized use of any robot, spider
or other automated devise on the site, will be investigated
and appropriate legal action will be taken, including
without limitation civil, criminal and injunctive
redress.
Violation of the Terms.
You understand and agree that in Entertainment-Link's
sole discretion, and without prior notice, Entertainment-Link
may terminate your access to the Site, cancel your
subscription, and exercise any other remedy available
and remove any unauthorized User Content, if Entertainment-Link
believes that the User Content you provided has violated
or is inconsistent with these Terms of Use violated
the rights of Entertainment-Link, another User, or
the law. You agree that monetary damages may not provide
a sufficient remedy to Entertainment-Link for violations
of these terms and conditions and you consent to injunctive
or other equitable relief for such violations. Entertainment-Link
may release user information about you if required
by law or subpoena, or if the information is necessary
or appropriate to release to address an unlawful or
harmful activity. Entertainment-Link is not required
to provide any refund to you if you are terminated
as a User because you have violated these Terms of
Use.
Privacy. We believe
that your privacy and the privacy of all our users
is important. Please review our Privacy Policy. This
policy applies to all information you supply to Entertainment-Link
on the Site. If you post any original Content other
than specific User information to the Site, by electronic
mail or otherwise, we will treat it as non-confidential
and non-proprietary to you, and it will be the property
of Entertainment-Link. By posting it to the Site,
you authorize us to use or allow others to distribute,
reproduce or otherwise use the Content in any way
and in any media throughout the universe in perpetuity.
Entertainment-Link is not liable for any lost data
resulting from the operation of the Site and/or the
enforcement of the Terms. We urge all users to maintain
their own back up versions of any content they submit
to the Site.
Your Entertainment-Link account information is not
posted on the Site for other users to view and is
subject to our Privacy Policy. Other than in your
registration form, or when entering a contest on the
Site that is sponsored by us, you should not post
information about yourself on the Site in your profile
or while otherwise using the Site that can be used
to identify you, your home or work address, phone
numbers, pagers, email address or other such information.
Entertainment-Link cannot prevent such information
from being used in a manner that violates these rules,
the law, or your personal privacy and safety. By posting
such information on the Site, you violate these Terms
of Use, and you assume the risks and sole liability
for the results of such posting. You are solely responsible
for maintaining the privacy of your password. Entertainment-Link
is NOT liable for any misuse of your account because
of your negligence in protection of your password.
U.S. Export Controls.
Software from this Site is further subject to United
States export controls. No software from this site
may be downloaded or otherwise exported or re-exported
(i) into (or to a national or resident of) Cuba, Iraq,
Libya, North Korea, Iran, Syria, or any other Country
to which the U.S. has embargoed goods; or (ii) to
anyone on the U.S. Treasury Department's list of Specially
Designated Nationals or the U.S. Commerce Department's
Table of Deny Orders. By downloading or using the
Software, you represent and warrant that you are not
located in, under the control of, or a national or
resident of any such country or on any such list.
Disclaimers. Entertainment-Link
does not promise that the Site will be error-free,
uninterrupted, nor that it will provide specific results
from use of the Site or any Content, search or link
on it. The Site and its Content are delivered on an
"as-is" and "as-available" basis. Entertainment-Link
can not ensure that files you download from the Site
will be free of viruses or contamination or destructive
features. Entertainment-Link disclaims all warranties,
express or implied, including also any implied warranties
of merchantability and fitness for a particular purpose.
Entertainment-Link will not be liable for any damages
of any kind arising from the use of this Site, including
without limitation, direct, indirect, incidental,
and punitive and consequential damages.
Entertainment-Link makes no guarantee of any specific
result from use of this Site or use of the Entertainment-Link
service.
Entertainment-Link disclaims any and all liability
for the acts, omissions and conduct of any third party
users, Entertainment-Link users, advertisers and/or
sponsors on the Site, in connection with the Entertainment-Link
service or otherwise related to your use of the Site
and/or the Entertainment-Link service. Entertainment-Link
is not responsible for the products, services, actions
or failure to act of any venue, performer, promoter
or other third party in connection with or referenced
on the Site.
Without limiting the foregoing, you may report the
misconduct of users and/or third party advertisers,
service and/or product providers referenced on or
included in the Site to Entertainment-Link at info@entertainment-link.com.
Entertainment-Link may investigate the claim and take
appropriate action, in its sole discretion.
Limitation on Liability.
Except in jurisdictions where such provisions are
restricted, in no event will Entertainment-Link be
liable to you for any indirect, consequential, exemplary,
incidental, special or punitive damages, including
also lost profits, even if Entertainment-Link has
been advised of the possibility of such damages.
Indemnity. You
agree to indemnify and hold Entertainment-Link, its
subsidiaries, affiliates, officers, agents and other
partners and employees, harmless from any loss, liability,
claim or demand, including reasonable attorneys' fees,
made by any third party due to or arising out of your
use of the Site, including also your use of the Site
to provide a link to another site or to upload content
or other information to the Site.
Disputes. If there
is any dispute about or involving the Site, by using
the Site, you agree that the dispute will be governed
by the laws of the State of New York without regard
to its conflict of law provisions. You agree to personal
jurisdiction by and venue in the state and federal
courts of the State of New York, City of New York.
Notices. Entertainment-Link
is operated by Entertainment-Link LLC. Official notices
and correspondence must be sent regular US mail or
overnight courier to Entertainment Link LLC, Attention:
Tim Hawkins, 110 W 40th Street, Suite 1801, New York,
NY 10018. A copy of any such notice or correspondence
should be sent to James Taylor, Esq., Loeb & Loeb
LLP, 345 Park Avenue, New York, NY 10154.
Updates. Terms
last updated January 08, 2003.
If you have any questions or concerns
about these Terms of Use, or if we can answer any
questions that you might have, please don’t hesitate
to contact us at: info@entertainment-link.com.
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